Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-04-09
WHAT THE AmENDmENrs PROPOSE

On tuesday next the people OF thls otate
are to vote upon three amendments to the
Constitution. We have frequently pointed
out the need for these measures, but the
day of election being near at hand it is
timely to recapitulate the reasons that
should insure their adoption.
In briefest terms, the propositions are to
give the Governor power to fill a vacancy
upon the Supreme bench for the unexpired
term, instead of until the next general
election, as the law now stands.
To confer upon the Supreme Court the
power to elect from its membership pre-
siding officer known as Chief Justice, in
stead, as now, making that selection a
matter for political contest
To erect the present Supreme Court
Commission into a department of the Su-
preme Court for four years, instead of re-
tanning it merely as a Board of Secreta-
ries, without power to render judgments,
and thus withhold it from giving the aid
imperatiyely demanded in bringing the
business of the Court from arrearge up to
date.
To give any five Justices of the Su-
preme bench power to certify to the physi-
cal or mental incompetency of member
of the Court, and thus secure his retiracy
and the substitution of working mem
ber The retired Justice is to be given
the reasonable salary of $3.50 a month for
the unexpired portion of his term.
To facilitate the business of the Court
it is provided that two Justices in de-
partment may pronounce a Judgment, but
three must have heard the case. At
present the concurrence of three is neces-
sary.
1t is provided that the Justices shall re-
ceiye q salary of 1900, instead of $4,000.
The reasons for these amendments are
strong and convincing. That relative to
removal of incompetents advocates itself,
and no one will venture to say that
worn-out and oyerwor.ed Justice so re-
tired should not be put upon a pension in
come for the remainder of his term. This
assurance viii, like the proposed increase
of salary, have the tendency to invite the
best men to the bench, and the State is en-
titled to the very best talent in that high
Office. As we have said. many Of our Su-
preme Judges have been overworked. The
strain and the treadmill existence break
down their powers and leave them at the
end Of their terms unable to resume prac-
tice or engage in the active affairs of bust
ness life. A few fine lawyers are still in
practice who have served out terms, but
they were all short terms, nor were their
duties anywhere nearly so exacting as
those now put upon members of the bench.
The demand for rapidity of work is uni
versal; the search through the reports Of
the many States and countries, and the ex-
animation of the marvelously expanded
literature OF the law is now incomparably
more extended and exhausting than were
such labors a few years ago, while no
Court in the country is called upon to
handle so much business.
The Bar Association of San Francisco
has shown by undeniable statistics that
our Court has more work put upon it than
any other of like high character. Since
It's reorganization in 1879, with 6o4 cases
on the calendar, it has had before it 4,S5S
new cases-an average of 694 per year.
1t has disposed of 4,555, or an average of
ESQ cases in a year. With the increase of
population and business, the number of
eases viii annually increase also. The
Supreme Court of the United States, with
nine Judges, in the past five years has
decided but $50 cases. or 304 year
less than half the average decided
by our Court. The Court of Appeals
of New York has 146 cases less annually
than our Court; the Supreme Court of
Pennsylvania 2S5 cases less and Massachu-
sets 303 cases less per year. In Calico
MIA the jurisdiction for appeal begins at
$500 involved; in the Supreme Court OF
the United States it is $1,000, and in New
York $500 But in that State there are
appellate tribunals which re-
lieve the Court of Appeals, that is purely
an appellate Court and has no original
as has our final Court. We
have in California sixty-nine Superior
Courts deciding cases, nearly all of which
may be taken to the appellate Court-frst
to department, then before the Court in
bank, and finally upon petition for re-
hearing; and, since 1879, 1000 petitions
for rehearing have been before our SUI
preme bench.
If we would discourage litigation, we
must have a stable line of decisions; to
that end we should command the best
equipped and trained talent, and such su-
perior efficiency viii not yield the large